Bishop v. Bishop
| Decision Date | 27 February 1957 |
| Docket Number | No. 17,17 |
| Citation | 245 N.C. 573,96 S.E.2d 721 |
| Court | North Carolina Supreme Court |
| Parties | Faye G. BISHOP v. Frantz S. BISHOP |
J. Y. Jordan, Jr., Williams & Williams, Asheville, for plaintiff.
Redden & Redden, Hendersonville, Thomas R. Eller, Jr., Brevard, for defendant.
The defendant did not request the court to find the facts, or except to the findings made by it. Hardee v. Mitchell, 230 N.C. 40, 51 S.E.2d 884. In fact, no exception was entered at the hearing below. However, the appeal itself constitutes an exception to the judgment. Cannon v. City of Wilmington, 242 N.C. 711, 89 S.E. 2d 595; Barnette v. Woody, 242 N.C. 424, 88 S.E.2d 223; Gibson v. Central Mfrs'. Mut. Insurance Co., 232 N.C. 712, 62 S.E.2d 320. Therefore, the only question presented is whether the facts found are sufficient to support the judgment. Byrd v. Thompson, 243 N.C. 271, 90 S.E.2d 394; Scarboro v. Pilot Life Insurance Co., 242 N.C. 444, 88 S.E.2d 133; Muilenburg v. Blevins, 242 N.C. 271, 87 S.E.2d 493; James v. Pretlow, 242 N.C. 102, 86 S.E.2d 759; Glace v. Pilot Throwing Co., 239 N.C. 668, 80 S.E. 2d 759. Other questions argued in the appellant's brief are not presented for decision.
In the case of Story v. Story, 221 N.C. 114, 19 S.E.2d 136, 137, the action was for divorce. In September 1938, before the cause was heard on its merits, the court entered a consent order requiring the plaintiff, the father of the child of the marriage, to pay into the office of the Clerk of the Superior Court $25 per month for the support of the defendant and the child and awarding the custody of the child to the defendant. During the same term of court, judgment of divorce absolute was entered. In August 1941 the defendant made a motion in the cause for an increased allowance for the support of the infant child. An order was so entered. The plaintiff appealed therefrom on the ground that the original order was by consent and not subject to modification by the court. On appeal, this Court said:
'Hence, even if we accept the contention of the plaintiff that the order constitutes a judgment by consent, the court below had full jurisdiction to hear the matter on the motion of the defendant and to make the order from which plaintiff appeals.'
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Spence v. Durham
...supports the facts found, which in turn support the judgment, other questions are not presented for decision on appeal. Bishop v. Bishop, 245 N.C. 573, 96 S.E.2d 721. 'The findings of fact by the court, there being evidence on both sides, is binding and conclusive on appeal.' Shoaf v. Frost......
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...in life, his pecuniary resources, and his earning ability honestly exercised. Coggins v. Coggins, N.C., 133 S.E.2d 700; Bishop v. Bishop, 245 N.C. 573, 96 S.E.2d 721; De Brauwere v. De Brauwere, 203 N.Y. 460, 96 N.E. 722, 38 L.R.A.,N.S., 508; 39 Am.Jur., Parent and Child, § 36; 67 C.J.S. Pa......
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...whether the facts found support the judgment. City of Goldsboro v. Atlantic Coast Line R. R., 246 N.C. 101, 97 S.E2d 486; Bishop v. Bishop, 245 N.C. 573, 96 S.E.2d 721; James v. Pretlow, 242 N.C. 102, 86 S.E.2d Consequently, on this appeal, we are limited to a determination as to whether or......
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Goodyear v. Goodyear, 247
...by contract, relieve himself of his obligation to support his child. Thomas v. Thomas, 248 N.C. 269, 103 S.E.2d 371; Bishop v. Bishop, 245 N.C. 573, 96 S.E.2d 721; Pace v. Pace, 244 N.C. 698, 94 S.E.2d If a parent fails to perform his duty of supporting his child, courts will enforce perfor......